Two judges in Argentina nearly halved the sentence of a convicted child molester because his 6-year-old victim 'might be gay.' Mario Tolosa, a sports club vice president, had been sentenced to six years in prison for sexual abuse, but in 2014 his sentence was reduced to 38 months.

The judges ruled that Tolosa’s actions should not be considered “gravely outrageous” because the victim “was making a precocious choice” regarding his sexuality - referencing homosexuality.

Prior to Tolosa’s actions, the victim had undergone “the initiation by his father into the worst of worlds, leading him to depravation,” according to the judge. In defending his decision to reduce the sentence, Judge Horacio Piombo claimed that the boy had displayed “signs of a transvestite conduct, of conduct we had to take into account,” as a result of the father’s actions.

The boy’s family said they will take the case to the Supreme Court.

Argentinian Interior Minister Florencio Randazzo, who is also running for the presidency, called the judgement “an embarrassment” on Twitter. “It’s repugnant to say that the presumed sexual orientation of an abused six-year-old boy is a reason to reduce the sentence of the abuser,” he added.